After a car accident, most people assume the insurance company will simply “do the right thing.”
Unfortunately, insurance companies are businesses. Their goal is to resolve claims for as little money as possible.
Over the years, we’ve seen many tactics used to reduce settlements for injured people in Auburn, Opelika, Lee County, and across East Alabama.
Here are ten of the most common.
1. Offering a Quick Settlement Before You Know the Full Extent of Your Injuries
Shortly after an accident, you may receive a fast settlement offer. It can be tempting, especially if medical bills are piling up.But early offers often come before:
• Diagnostic imaging is completed
• Specialists evaluate your injuries
• Long-term issues become clear
• Future treatment needs are known
Once you accept, you generally cannot ask for more later.
2. Downplaying Your Injuries as “Soft Tissue”
Neck and back injuries are often labeled as minor “soft tissue” injuries, even when they cause significant pain and disruption to daily life.
Insurance companies may argue that:
• You should have healed quickly
• Treatment was excessive
• Pain complaints are subjective
This is common even when treatment was provided by legitimate providers such as East Alabama Medical Center, orthopedic specialists, or physical therapists.
3. Blaming Pre-Existing Conditions
If you have prior medical issues, insurers may claim your pain existed before the crash.
Even normal age-related findings on imaging, such as disc degeneration, may be used to argue that the accident did not cause your symptoms.
However, Alabama law recognizes that an accident can aggravate a pre-existing condition.
4. Monitoring Your Social Media
Insurance adjusters may review Facebook, Instagram, TikTok, and other platforms looking for photos or posts that suggest you are not as injured as claimed.
Even innocent posts such as attending a family event, smiling in a picture, or being active for a brief moment can be taken out of context.
5. Using Recorded Statements Against You
Soon after the accident, an adjuster may ask for a recorded statement “to process your claim.”
Your words can later be used to:
• Highlight inconsistencies
• Minimize symptoms
• Suggest fault
• Question credibility
You are generally not required to provide a recorded statement to the at-fault driver’s insurer.
Ready to discuss your case? Contact our experienced team of personal injury lawyers for a free initial case consultation*
6. Arguing That Your Treatment Was Unnecessary
Insurance companies may claim certain care was excessive or unrelated to the accident, including:
• Chiropractic treatment
• Physical therapy
• Pain management visits
• Follow-up appointments
This can occur even when treatment was recommended by medical professionals.
7. Delaying the Claim Process
Delays can pressure injured individuals who are facing:
• Lost wages
• Mounting medical bills
• Vehicle replacement costs
• Family financial stress
Eventually, some people accept a lower settlement simply to move forward.
8. Disputing Liability
Even when fault seems clear, insurers may argue that you were partially responsible.
In Alabama, this is particularly important because the state follows a strict contributory negligence rule. If you are found even slightly at fault, it can impact your ability to recover compensation.
9. Minimizing Pain and Suffering
Economic damages like medical bills are easier to quantify. Non-economic damages such as pain, emotional distress, disruption of daily life are more subjective.
Insurance companies often undervalue these impacts, especially when injuries do not involve surgery or visible trauma.
10. Limiting Recovery to Policy Limits
Sometimes the biggest limitation isn’t the severity of the injury — it’s the amount of insurance available.
Many drivers in Alabama carry only minimum coverage (25/50/25). When that is the case, the insurer may simply offer the policy limits, even if damages far exceed that amount.
Additional recovery may require pursuing uninsured/underinsured motorist coverage or other sources.
How an Attorney Helps Level the Playing Field
A personal injury attorney’s role is to protect your rights and maximize your recovery by:
• Gathering medical evidence
• Calculating full damages
• Negotiating with insurers
• Identifying additional coverage
• Handling communications
• Protecting you from common tactics
They can also negotiate medical bills and liens so that more of the settlement ends up in your pocket.
The Bottom Line
Insurance companies handle claims every day. Most injured people do not.
Understanding these tactics can help you make informed decisions and avoid accepting less than your case may be worth.
Have Questions About Your Case?
If you were injured in a car accident in Auburn, Opelika, Lee County, or anywhere in East Alabama, Walton Law Firm offers free consultations and will explain your options in plain English — no pressure and no obligation.
